The opinion
LOMBARD, J.,
Dissents.
LThe defendants have been incarcerated for almost nine years. This delay, even though partially attributable to actions of the public defender’s office and a disaster (Hurricane Katrina), is simply unacceptable in a criminal justice system based upon a presumption of innocence until proven guilty. See Doggett v. U.S., 505 U.S. 647, 652 , 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992) (“the presumption that pretrial delay has prejudiced the accused intensifies over time.”); see also State v. Harris, 2003-0524 (La.App. 4 Cir. 9/10/03) , 857, 857 So.2d 16 so.2d 16, 20 (24 month delay violated defendant’s right to speedy trial); State v. Esteen, 95-1079 (La.App. 4 Cir. 4/3/96) , 672 So.2d 1098, 1102 (delay of two and a half years presumptively prejudicial). Accordingly, I |2would deny the writ and affirm the trial court decision to grant the defendants motion to quash